Rights under the Agency Workers Regulations 2010
Rights under the Agency Workers Regulations 2010

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Rights under the Agency Workers Regulations 2010
  • Scope of the AWR 2010
  • Territorial scope
  • The right to equal treatment
  • Day one rights—collective facilities
  • Day one rights—information on vacancies
  • Rights after 12 weeks—same basic working and employment conditions
  • Calculating 12 weeks
  • Anti-avoidance
  • The meaning of ‘pay’
  • more

There are three important areas in which the basic position of an agency worker is affected by the law:

  1. the regulation of employment agencies and businesses

  2. the right of temporary agency workers to equal treatment under the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93, and

  3. the employment protection rights of agency workers, derived from their status as a worker or, in some cases, as an employee

These areas operate independently of each other. For example, rights under AWR 2010 are not dependent on employee status at common law, nor do they affect or simplify that status; nor do they affect the major rules on the conduct of employment agencies and businesses.

This Practice Note covers the rights of agency workers, as provided by AWR 2010.

For a checklist of the rights that an agency worker may have as an agency worker under AWR 2010 and other legislation, see: Agency workers: checklist of rights.

For further information on:

  1. the regulation of employment agencies and businesses, see Practice Note: Employment agencies and employment businesses

  2. the employment protection rights that an agency worker may have as a worker or, in some cases, as an employee, see Practice Notes: Worker status and Employee status, and Employees and workers: checklist of rights

  3. the circumstances in which an agency worker may be found to have an implied contract of employment